Segal McCambridge Secures New York Supreme Court Victory Reinforcing Key Contractor Liability Protections

A Segal McCambridge team led by Of Counsel Cynthia Hung and Associate Léa Caurand secured a significant victory in the Supreme Court of the State of New York, Kings County, obtaining summary judgment and complete dismissal of all claims and cross-claims against the firm's client, a snow removal contractor.

The decision is noteworthy because the court issued a written opinion reaffirming the limited circumstances under which a contractor may owe a duty to third parties under New York law. In granting summary judgment, the court rejected arguments that the contractor created or exacerbated the alleged hazardous condition, assumed responsibility for maintaining the premises or otherwise fell within the recognized exceptions that can give rise to liability for third-party contractors.

The court further found that the plaintiff's allegations regarding causation were speculative and that the contractor's limited scope of work did not create a continuing duty to monitor or maintain the property. In doing so, the court reinforced longstanding New York precedent governing contractor liability and declined to expand a contractor's obligations beyond the scope of its engagement.

The ruling provides valuable guidance for snow removal contractors, property maintenance vendors, service contractors, commercial property operators and insurers facing similar claims. It also serves as an important reminder that a limited contractual undertaking does not automatically expose a contractor to liability for subsequent incidents occurring on a property.